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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29979
Experience:  Attorney with experience in family law.
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Hello my daughter lives in Indiana with her mom and step father

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Hello my daughter lives in Indiana with her mom and step father she's been kicked out of school the past yr and school has ask them to do home schooling with her this yrs they have three children and 17 yr old that her boyfriend stays there also in a 3 bdr that's 1 boy 3 girls question is my daughter wants to come live with use she feels it would be better here for her school wise as well as being with her other sibling I don't know what to do she's very welcome but what are my odds before I have to spend money on an attorney we live in the country 4 bdr house other children do very good in school I don't know

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Was the custody order entered in Indiana or Illinois?
Customer: replied 3 years ago.
Thank you.

To modify a custody order, the law requires a substantial change in one of the factors that the judge considered when initially deciding custody. If she has changed her mind about which parent she wants to live with, that may be considered. Another thing that the judge can consider is a change in the child's adjustment to school - being expelled would be a significant change to that factor. See Indiana Code, Sections 31-17-2-8 and 31-17-2-21.

The standard for modifying an Indiana custody order is what is in the best interests of the child. Things like better schools, maintaining a relationship with her sibling, and more space/privacy factor into that consideration. Indiana Code, Section 31-17-2-15 also says that the judge will consider the child's wishes. When the child is at least 14, her wishes carry more weight. Since she's 16, there is a good chance that the judge will order the change especially if there are factors in her current living situation that led to her being expelled.

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